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 Trade Mark & Copyright Registration - TM, SM, ©, ®

 

Copyright Registration

Why should you apply for Copyright Registration?
Copyright Registration is made under THE COPYRIGHT ACT -1957 and THE COPYRIGHT RULES-1958. Under this act, you can protect your…….
Brand name + logo-writing style along with color consideration.
Content of your website & Business photography
2-D & 3D animations & Product information
Catalogue & Other literary work
Maps & Etc…
PROCEDURE OF COPYRIGHT REGISTRATION
 

Step 1:

To prepare an application for copyright registration under The Copyright Act-1957 and The Copyright Rules-1958. The said application will be sent to Copyright Office at New Delhi.

Reference: Under section 45 (1) & (2) of The Copyright Act-1957, the author of any work may make an application in the prescribed form to The Registrar of Copyright at The Copyright Office, New Delhi.

 

Step 2 :

In this stage, our Legal Department will take legal follow-up of your application in Copyright Office at New Delhi. Then we shall obtain Provisional Papers within 45 working days from copyright office. On the bases of such papers, you can mark © and “All rights reserved”.

 

Step 3 :

After completion of all the required legal follow-up we would receive final certificate of Copyright Registration.
Please note that the whole procedure will take time period about 10 months (in normal course).

What is Trademark Registration?
In India, The Trademark Act-1999 is in force presently to protect your intellectual property. Trademark Registration is made under The Trademark Act-1999 and The Trademark Rules-2002. Under this act your <<brand>> , <<logo>> , <<punch line>> can be protected in India. If someone makes infringement (misuse, unauthorized use) of your intellectual property, then you can take strict legal action against such people under certain provisions of the above act.
 

PROCEDURE OF TRADEMARK REGISTRATION

 

As far as the procedure of Trademark Registration is concerned, our Legal Department will follow your file in four major stages.

 

1. SEARCH:

Search is made by Trademark Office, a division of Central Government, to ascertain whether the brand you are looking for is available or not in particular product or service category. On the bases of this search report, our Legal Department will provide you an opinion keeping in view certain provisions of The Trademark Act-1999. So that you can take proper decision about protection of your intellectual property.

 

2. APPLICATION IN TMR

After receiving confirmation from your side, we would proceed further for filing your application in Trademark Office with such details that we have received from your side. The Trademark Office (Govt. Department) will provide Provisional Registration Number in form of hardcopy approximately after 15 days from filing of application. On the bases of the said hard copy, you can mark TM above our brand and logo. In case of service industry, it is expected to mark SM.
 

3. OBJECTIONS FROM THE GOVERNMENT

After passing a sufficient time period, The Trademark Office will examine your application and then present an Official Objection (if any) on the bases of certain sections of The Trademark Act 1999. At this stage, our Legal Department will make efforts to prove goodwill of your brand by presenting evidences at the Trademark Registry. Thus, the said official objection can be cleared.     

     

4. PUBLICATION

After all, the Government Department will publish your brand name and logo Trademark Journal. In this stage, your brand will be open for Third Party Oppositions for 3 months. In absence of Third Party Opposition, your brand will be certified from the Trademark Registry. After making regular follow-up of more than 2 years (appx.), we will receive final certificate of Trademark Registration from The Central Government. Now you can mark ® on your brand name as well as your logo.    

 

We would like to inform you that you may be able to mark TM after 15 days (appx.) after filing application. The entire legal procedure will take 2 years (appx).  All the above time periods are in normal course. Further we would like to aware you that The Certificate of Trademark Registration will be valid for 10 years from the date of application. After completion of such time period, we will be required to proceed for renewal of the same. We would like to disclose hereby that time duration are in normal course of action.
  Why should you apply for Trademark Registration?
Because it provides protection against infringement and brand duplication.
  Brand duplication is a very common problem everywhere in today’s globalised market. You may a victim of the same problem any time.
  More than 65% manufacturers & service providers (well established) are victim of brand infringement and brand duplication. The ratio of brand duplication is also increasing along with the globalization of present market. To avoid such risk, you should be safe by getting registered to your brand name.
   
Because in India, more than 20,000 applications are filed in Trademark Office every month.
  As a result of globalization, it can be said, the ratio of Trademark Application has raised as high as 700 applications per day. From this high figure, one brand may same or similar to your brand name. The great trouble will be found when someone else will get registration with such a brand which is same or similar to yours one. We would like to strongly recommend you to apply for Trademark Registration before someone else is entitled by Central Government of India to use such a brand which is same or confusingly similar to your brand name.
   

Because it is better when you are playing the game of business competition with your competitors.

  Marking “TM”, “SM”, “R” or “C” on your brand may prove as an effective mean for competition. Presentation of your brand name towards people will be more effective and attractive than your competitors. Awful looking brand attracts to vigilant customers of present time.
   

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